Board legal counsel and staff told the Lakewood Board of Adjustment on Dec. 3 that the board has been operating under its 2009 rules and regulations because a 2021 draft of updated rules was never formally adopted by the board.

Miss Stanek, legal counsel, said the amended 2021 rules were not located as an approved, signed document for the Board of Adjustment and that "the board is actually operating under the 2009 rules and regulations because the amended rules from 2021 were never formally adopted." She and staff described several dated references in the 2009 version and urged the board to consider adopting updated, standardized language consistent with Planning Commission rules.

Chair and board members discussed process options. Staff recommended circulating the latest draft and any redlines to board members and comparing the Board of Adjustment draft to the Planning Commission version to create consistent language across bodies. Paul Rice and legal staff proposed sending the draft and suggested edits to members within about a month for review; legal said it would aim to have review materials ready by late December or early January so board members have time to consider redlines before a follow-up hearing.

Board members discussed scheduling the formal adoption either at a standalone BOA meeting or following a Planning Commission meeting to consolidate attendance and public notice; staff said the Board and Commissions chapter of the municipal code is expected to undergo amendments that may require City Council approval of board bylaws going forward, so sending the adopted rules to City Council for ratification is likely.

The board agreed to proceed: staff and legal will circulate documents and suggested redlines, and the board will schedule a future meeting to consider formal adoption once members have reviewed the materials.

Next procedural steps identified in the meeting included staff and legal preparing a marked draft, email distribution to board members for review, and scheduling a noticed hearing for final action.